Boston Criminal Lawyer Blog

December 5, 2014

POLICE MISCONDUCT, “HOW CAN I BE SURE THAT LAW ENFORCEMENT WILL NOT KILL ME IF I AM A SUSPECT?”

There is much to be said about race relations, police officers and grand juries… not to mention the interaction of the three. However, let’s deal with the facts as they exist today.

We know that there are times when the police interact with someone and things get out of hand. Sometimes, someone is badly injured or killed. Usually, that is not the police officer. If the person is not actually killed, that person will face very serious charges even if the original allegations against him or her where relatively minor.

In the event that the suspect is killed, there will likely be a police investigation. There may or may not be a grand jury presentation. Either way, the officer will most likely not be prosecuted.

December 5, 2014

MORE ARRESTED LAST NIGHT DURING ROUND TWO IN BOSTON PROTESTS OVER RECENT POLICE KILLINGS.

by Samuel Goldberg

Last night, we saw Round Two of Boston protests regarding what seems to be a rash of what we have been discussing over the past few blogs. Namely, instances of police killing citizens and, seemingly, nothing happening about it.

Allegations of homicide abound.

But not charged.

December 4, 2014

PROTESTERS REACT TO ADDITIONAL ALLEGED HOMICIDES BY POLICE OFFICERS BEFORE AND AFTER FERGUSON (PART THREE)

by Samuel Goldberg

We have been discussing the Ferguson matter in which an unarmed young black man was fired upon (multiple times) by a police officer. The young man died from the wounds and many are saying that the officer committed a homicide. Despite the fact that testimony presented to the grand jury told different tales ranging from a description of a cold blooded murder to a shooting in valid self-defense, the grand jury found that there was no probable cause to believe that the officer should be formally charged with a crime. Any crime.

I am hoping that I am not insulting your intelligence by suggesting to you that allegations of police excessive, sometimes deadly, force is not terrible unusual. Usually, the officer or officers involved are not prosecuted.

Take the small central California city of Salinas, for example. Within a period of 11 days, two such incidents recently happened.

November 29, 2014

PROTESTORS ARE ARRESTED FOR DENOUNCING APPARENT CORRUPTION AND IN FERGUSON HOMICIDE (PART TWO)

by Samuel Goldberg

Former New York state Chief Judge Sol Wachtler famously remarked that a prosecutor could persuade a grand jury to “indict a ham sandwich.” Raw data, as well as the experiences of those regularly involved with the criminal justice system can attest to this. According to the Bureau of Justice Statistics, U.S. attorneys prosecuted 162,000 federal cases in 2010, the most recent year for which we have data. Grand juries declined to return an indictment in 11 of them.

“If the prosecutor wants an indictment and doesn’t get one, something has gone horribly wrong,” adds Andrew D. Leipold, a University of Illinois law professor who has written critically about grand juries. “It just doesn’t happen.”

Cases involving police shootings, however, appear to be an exception. It would appear, at least from media accounts, that grand juries frequently decline to indict law-enforcement officials.

November 28, 2014

ARRESTED PROTESTORS PONDER MURDER, PROBABLE CAUSE AND FERGUSON (PART ONE)

by Samuel Goldberg

Here is hoping you had a great Thanksgiving. Here’s hoping you enjoy “Black Friday”. And here is a story that contains nothing for you to enjoy or be happy about.

As you no doubt have heard from various sources, the grand jury in Ferguson, Mo., has returned its decision regarding the death of the late18-year-old Michael Brown and the allegations against Police Officer Darren Wilson. You have no doubt also heard about the aftermath which included protests in various locations including Ferguson and Boston.

The Boston Criminal Lawyer Blog has certain insights into these events that you may not have realized. Some of them are from knowledge of the criminal justice system. Some are from my experience of so many years as a criminal defense attorney.

November 26, 2014

TWO BOSTON MEN ARE ARRESTED AT LOGAN AIRPORT FOR CRIMES OF ASSAULT, ATTEMPTED MURDER AND KIDNAPPING

by Samuel Goldberg

Boston police had a busy half-hour this past Saturday morning at Logan Airport.

Law enforcement first responded to a report of a person screaming inside a car with a broken windshield around 11:23 a.m. near Terminal E. They wound up finding the car near Terminal B. Inside were 52-year-old Anton Hilton of Roxbury. Anton was driving. The passenger was a 21-year-old female.

The passenger told the officers that Anton had assaulted her. They charged Anton with assault and battery and kidnapping.

November 21, 2014

BOURNE GENTLEMAN IS ARRESTED FOR ASSAULT, WEAPONS AND DRUG CHARGES

by Samuel Goldberg

Ever have one of “those days”?

Michael Barboza, 33, of Bourne (hereinafter, the “Defendant”) sure did.

It was one week ago today. The Defendant , just kept losing things.

November 19, 2014

“MUST I HELP LAW ENFORCEMENT OPEN AND EXAMINE MY PHONE OR TABLET?” (PART TWO)

by Samuel Goldberg

My last posting examined this subject from the standpoint of whether the police have the right to grab your smart-phone without a warrant. It triggered rights guaranteed you courtesy of the Fourth Amendment to the United States Constitution.

Today we continue the search and seizure issue from another angle. Let’s say that the officer does have a warrant. We know that he then has the right to take the items. However, you have a great security program in effect and he cannot figure out how to open it.

He turns to you for help. Let’s say that you do not want to give him that help because what he finds may incriminate you.

November 17, 2014

“CAN A POLICE OFFICER SIMPLY TAKE MY SMART-PHONE AND SEARCH IT WITHOUT MY CONSENT AND WITHOUT A WARRANT?” (PART ONE)

by Samuel Goldberg

We have discussed some of the myriad of issues which occur when defense counsel seeks to suppress evidence. In short, the defense brings a motion to prevent the prosecution from using evidence against a criminal defendant because it was discovered in violation of that defendant’s Constitutional Rights. It is an important tool to the defense and can often lead to the dismissal of the case altogether.

While this may anger some, that same “some” is often grateful for the efforts of counsel when it is their rights that were violated and the prosecution is only too happy to use that unconstitutionally discovered evidence against them.

But I digress. These are things you already know if you read this blog with any regularity.

November 13, 2014

BRISTOL WOMAN IS CHARGED WITH ASSAULTING AN INVESTIGATING POLICE OFFICER

by Samuel Goldberg

No, this is not a re-posting of my previous blog. This case is from Bristol, Connecticut, and the officer was allegedly assaulted by a woman in the field while in mid-investigation.

Just to show that these dangers do not just face officers in the Bay State.

Stashia M. Luddy, 27, of Bristol and hereinafter, the “Defendant” is that woman. She is accused of attacking a police officer after refusing to obey orders.